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Articles 1 - 7 of 7
Full-Text Articles in Legal History
Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.
Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.
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This manuscript will appear as a chapter in a forthcoming edited volume published by Hart Publishing, Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., forthcoming 2020). It focuses on a set of principles (Modern Principles) that secured transactions law for personal property should follow. These Modern Principles are based on UCC Article 9 and its many progeny, including the UNCITRAL Model Law on Secured Transactions. The chapter situates the Modern principles in the context of the transplantation of law from one legal system to another. It draws in particular on Alan Watson’s pathbreaking …
American Legal History Survey: Syllabus, Anders Walker
American Legal History Survey: Syllabus, Anders Walker
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This syllabus provides an overview of American Legal History, focusing on the manner in which law has been used to organize American society. Several themes will be traced through the semester, including law’s role in encouraging innovation and regulating social relations, in part through the elaboration of legal disciplines like property, tort, contract, criminal law, tax, business associations, administrative law, environmental law, securities regulation, commercial law, immigration, and health law. Emphasis will also be placed on the origins and evolution of constitutional law, from the founding to the present.
The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr.
The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr.
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No abstract provided.
Modeling The Uniform Law "Process": A Comment On Scott's Rise And Fall Of Article 2, Charles W. Mooney Jr.
Modeling The Uniform Law "Process": A Comment On Scott's Rise And Fall Of Article 2, Charles W. Mooney Jr.
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No abstract provided.
The Roles Of Individuals In Ucc Reform: Is The Uniform Law Process A Potted Plant? The Case Of Revised Ucc Article 8, Charles W. Mooney Jr.
The Roles Of Individuals In Ucc Reform: Is The Uniform Law Process A Potted Plant? The Case Of Revised Ucc Article 8, Charles W. Mooney Jr.
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No abstract provided.
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
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No abstract provided.
Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp
Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp
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The Senate hearings considering Elena Kagan’s Supreme Court nomination called new attention to the Constitution's Commerce Clause. That concern might seem odd, given the typical lack of strong grassroots concern over the commerce power. But the 2010 election year is different. One characteristic of the largely conservative "Tea Party" movement is a wish to roll back Constitutional time to the regime envisioned by its founders. As the New York Times reported in early July, 2010, members of the movement believe that the “commerce clause in particular has been pushed beyond recognition.” Members of the movement imagine that Congressional power over …